Quick and Easy Guide to
Labor and Employment Law
Provided by Baker Donelson
Disclaimer: These materials do not constitute legal advice and should not be
substituted for the advice of legal counsel.
At-Will Employment
In Georgia, employees are presumed to be “at-will,” and their employment may be terminated for any
reason, at any time, without or without cause, as long as the reason is not specifically prohibited by law.
This presumption is strong given that it is codified. O.C.G.A. § 34-7-1. As such, Georgia courts often dismiss
wrongful discharge claims unless a contrary statute applies to the employer which prohibits the discharge
and authorizes a civil lawsuit. For example, the Georgia Fair Dismissal Act sets forth procedures and
guidelines for terminating employees working in public education. O.C.G.A. §§ 20-2-940, et seq.
Additionally, an employment agreement providing that employment is for a definite period of time during
which the employee cannot be terminated without good cause is enforceable. The employee handbook
or other policy cannot be used to show the employee is guaranteed employment for a particular time,
cannot be discharged or disciplined at-will, or was wrongfully discharged. But certain handbook or
policy promises, especially those concerning benefits (e.g., disability pay, severance, vacation), may be
enforceable. Amax, Inc. v. Fletcher, 305 S.E.2d 601 (Ga. Ct. App. 1983).
Right to Work Laws
An employer cannot condition an employee’s right to work upon membership or non-membership in a
labor union or labor organization. Further, an employer cannot deny employment due to an individual’s
payment or refusal to pay labor union dues or other fees associated with an employee organization.
O.C.G.A. §§ 34-6-6; 34-6-20 through 28. Georgia law does allow a labor organization to call or cause a
strike, slowdown or stoppage after 30 days’ written notice to the employer stating its intention and basis
to call for such action. O.C.G.A. § 34-6-1(b). However, Georgia forbids mass picketing at or near a place
where a labor dispute exists if such action obstructs or interferes with, or threatens to obstruct or interfere
with, the entrance to or egress from any place of employment. O.C.G.A. § 34-6-5.
Immigration Verification
In addition to Federal I-9 compliance, the Illegal Immigration Reform and Enforcement Act (IIREA),
effective July 1, 2011, instituted mandatory usage of E-Verify for both public and private employers for
all newly-hired employees.
Since January 1, 2013, all employers with 10 or more employees are required to file a form affidavit
certifying their registration and participation in E-Verify as a condition of obtaining a local business
license. A signed, notarized affidavit, which attests to the contractor’s registration with the federal
program and use of E-Verify, must be submitted with bid packages for state, local, and county public
projects. Form affidavits to assist in obtaining business licenses and bidding can be found at http://
www.bakerdonelson.com/files/Uploads/Documents/Alert_51013Affadavits.pdf.
Failure to comply with the IIREA is grounds to reject a bid, as well as grounds for non-renewal of a
business license or permit. The Act also makes persons who knowingly and willfully accept documents
that are not secure or verified a misdemeanor offense subject to monetary fines up to $1,000, prison
time up to 12 months, or both.
Drug Testing
Georgia does not prohibit the drug testing of employees; and employers are not expressly prohibited
from discharging at-will employees who test positive on random drug tests. If an employer establishes
a drug-free workplace program, it is eligible for a workers’ compensation insurance discount, provided
the program satisfies the requirements of the Georgia Drug-Free Workplace law. O.C.G.A. § 34-9-411,
34-9-413. Prior to testing, all employees and applicants for employment must be given notice of testing,
along with a written policy statement containing information outlined in the statute. O.C.G.A. 34-9-414.
Workers’ compensation benefits can be denied to an employee who unjustifiably refuses to submit to a
reliable, scientific test performed in the matter set forth in Section 34-9-415. Employers should cautiously
approach drug testing as it can present substantial hurdles.
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Jury Duty Leave
It is unlawful for an employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from
his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or
other court order or process which requires the attendance of the employee at the judicial proceeding. O.C.G.A. § 34-1-3. This
law does not apply to an employee charged with a crime, nor does it prohibit an employer from requiring an employee to provide
reasonable notification of the expected absence. Id. at § 34-1-3(c).
Voting Leave
An employee, upon providing reasonable notice to his or her employer, must be permitted to take necessary time off to vote on
the day on which a primary or election is held. Time off may not exceed two hours. Further, if an employee’s work schedule begins
at least two hours after polls open or ends at least two hours before polls close, no voting time off is required. An employer may
specify the hours during which the employee may be absent. O.C.G.A. § 21-2-404.
Parental Leave
The State of Georgia does not require an employer to offer to its employees parental leave. However, the federal Family and Medical
Leave Act requires employers with 50 or more employees to provide qualifying employees up to 12 weeks of unpaid leave for
specified medical or family reasons under certain circumstances.
Other Leave
The State of Georgia does not require employers to offer to employees paid vacation or sick leave.
Smoking Laws
Under the “Smokefree Air Act of 2005,” smoking is prohibited in all enclosed areas not specifically exempted by statute. O.C.G.A.
§§ 31-12A-1, et seq. Smoking is prohibited in all enclosed areas within places of employment. O.C.G.A. § 31-12A-5. Notice of the
prohibition must be provided to prospective employees on their application for employment. Id. Outdoor places of employment
are exempted from this provision, as are smoking areas designated by an employer if the designated areas otherwise comply with
the requirements set by the statute. O.C.G.A. § 31-12A-6.
Break Time to Express Milk
A mother may breastfeed her baby anywhere the mother and baby are authorized to be. O.C.G.A. § 31-1-9. An employer may provide
reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The employer may
make reasonable efforts to provide a room or other location (in close proximity to the work area), other than a toilet stall, where
an employee can express her milk in privacy. The break time shall, if possible, run concurrently with any break time already provided
to the employee. However, an employer is not required to provide break time if to do so would unduly disrupt its operations.
O.C.G.A. § 34-1-6.
Meal Breaks
Georgia has no law regulating meal breaks or rest periods during a work day. However, the Common Day of Rest Act, O.C.G.A. §
10-1-570, et seq., requires that “[a]ny business or industry which operates on either [Saturday or Sunday] and employs those whose
habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the
religious, social, and physical needs of such employees so that those employees may enjoy the same benefits as employees in other
occupations.” O.C.G.A. § 10-1-573. Certain employers, such as hospitals and public employers, may be excluded from the Act.
Minimum Wage
Georgia sets minimum wage at $5.15 per hour. O.C.G.A. § 34-4-3. However, this minimum wage does not apply to any employer
subject to the federal Fair Labor Standards Act, which currently sets the minimum wage at $7.25 an hour. O.C.G.A. § 34-4-3(c).
Georgia law requires that each employer maintain records showing the hours worked by each employee and the wages paid to
him. O.C.G.A. § 34-4-5.
Final Payments
The State of Georgia has no law regulating final payments to employees.
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Unemployment Insurance
Unemployment insurance benefits provide income to individuals who have lost work through no fault of their own. These
benefits are intended to partially offset the loss of wages while an unemployed worker searches for suitable work or until an
employer can recall the employee to work. Nothing is deducted from the employee’s wages to pay for this coverage.
Unemployment benefits are administered by the State Department of Labor, and additional information regarding the benefits
may be accessed at http://www.dol.state.ga.us/js/file_unemployment_insurance_claim.htm.
Workers’ Compensation
The Georgia Workers’ Compensation Act, O.C.G.A. § 34-9-1, et seq., applies to every employer in Georgia with three or more
employees. Employees who suffer injuries and/or occupational diseases arising out of and in the course of their employment
may be eligible to receive several types of benefits under the Act. Under the Act, a workplace injury must be immediately
reported to the employer; failure to timely report an injury may result in a denial of benefits. The Act is administered by the State
Board of Workers’ Compensation, and additional information regarding the Act may be accessed at http://sbwc.georgia.gov.
Child Labor Laws
Georgia law substantially restricts the employment of minors, including the times they can work. O.C.G.A. §§ 39-2-1, et. seq., No
minor under 16 years old may be employed or permitted to work in or about a mill, factory, laundry, manufacturing
establishment, or workshop, or in any occupation designated as hazardous under Code Section 39-2-2. O.C.G.A. § 39-2-1. No
minor between the ages of 12 and 16 years may be employed by or permitted to work anywhere unless a certificate, showing
the true age of the minor and that the minor is physically fit to engage in the employment, has been issued by a school
superintendent or authorized staff member. O.C.G.A. § 39-2-11(a). A certificate is also required for the employment of minors
between the ages of 16 and 18. Id.
Gun Laws
Effective July 1, 2014, no private or public employer may enforce or establish a rule that allows it to search locked, privately
owned vehicles of employees or invited guests in the employer’s parking lot. O.C.G.A. § 16-11-135(a). Moreover, no employer
may condition employment on an agreement that prohibits an employee from entering an employer’s parking lot with a
firearm that is locked and out of sight within the trunk, glove box, or other enclosed compartment, provided the employee
possesses a Georgia weapons carry license. O.C.G.A. § 16-11-135(a). However, these provisions do not apply if the employer is a
private property owner or person in legal control of property through a lease, a rental agreement, a contract, or other
agreement to control access to such property. O.C.G.A. § 16-11-135(a). In such cases, the employer, as a private property
owner, may “exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance
with paragraph (3) of subsection (b) of Code Section 16-7-21.” O.C.G.A. § 16-11-126(d).
Additional Laws & Regulations
Georgia Fair Employment Practices Act of 1978, found at O.C.G.A. § 45-19-29, et seq., prohibits public employers with 15 or
more employees from engaging in discrimination on account of an individual’s race, color, religion, sex, age, national origin, or
disability.
Georgia Sex Discrimination in Employment Act of 1966, found at O.C.G.A. § 34-5-1, et seq., mimics the Equal Pay Act of 1963, in
that it prohibits discrimination between employees in the same establishment, on the basis of sex, in their compensation for
comparable work.
Georgia General Age Discrimination Law of 1971, found at O.C.G.A. § 34-1-2, makes it a criminal misdemeanor to
discriminate against any person between the ages of 40 and 70 years, solely upon the ground of age, when the reasonable
demands of the position do not require such an age distinction, provided that such individual is qualified physically, mentally,
and by training and experience to perform satisfactorily the labor assigned to him or for which he applies.
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Additional Laws & Regulations, continued
Georgia Equal Employment for Persons with Disabilities Code of 1981, found O.C.G.A. § 34-6A-1, et seq. mimics the Rehabilitation
Act of 1973 and the Americans with Disabilities Act of 1990, as amended, in that it prohibits discrimination because of an individual’s
disability with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person’s
disability unless such disability restricts that individual’s ability to engage in the particular job or occupation for which he or she
is eligible. The Code has no administrative prerequisites to filing suit.
Atlanta Ordinance No. 2000-79, § 1 applies to employers located within the City of Atlanta with 10 or more employees. The
Ordinance prohibits employment discrimination based on race, color, creed, religion, sex, domestic relationship status, parental
status, familial status, sexual orientation, national origin, gender identity, age, or disability.
Polygraph Testing. Federal law significantly limits the use of polygraph tests by employers, and Georgia law provides a cause of
action against a polygraph examiner if a polygraph examination is administered in a negligent or improper manner. O.C.G.A. §
51-1-37.
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